Bott & Co Solicitors Ltd v Ryanair DAC

Bott & Co Solicitors Ltd v Ryanair DAC

Bott & Co Solicitors Ltd is not entitled to an equitable lien over compensation paid by Ryanair where its services are limited to administrative processing of claims and do not amount to litigation services or promote access to justice as required by law. Clause 15.2 of Ryanair's standard terms does not constitute an unlawful limitation or waiver of passenger rights under EU Regulation 261/2004, as it does not place a material obstacle in the way of passengers making claims.

Parties
Appellant: Bott & Co Solicitors Ltd; Respondent: Ryanair DAC
Jurisdiction
England and Wales
Judgment Date
12 February 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Equitable Lien, Solicitor's Lien, Air Passenger Compensation, EU Regulation 261/2004, Contractual Terms, Access to Justice
Civil Procedure Contract Law European Union Law Equitable Lien Solicitor's Lien Air Passenger Compensation EU Regulation 261/2004 Contractual Terms +1 more

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Parties

Bott & Co Solicitors Ltd

Appellant

Ryanair DAC

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Bott & Co Solicitors Ltd is entitled to an equitable lien over compensation paid by Ryanair to passengers under EU Regulation 261/2004
  2. 2 Whether clause 15.2 of Ryanair's standard terms and conditions is invalid under EU law for limiting or waiving passenger rights

Ratio Decidendi

Bott & Co Solicitors Ltd is not entitled to an equitable lien over compensation paid by Ryanair where its services are limited to administrative processing of claims and do not amount to litigation services or promote access to justice as required by law. Clause 15.2 of Ryanair's standard terms does not constitute an unlawful limitation or waiver of passenger rights under EU Regulation 261/2004, as it does not place a material obstacle in the way of passengers making claims.

Court Disposition

Appeal dismissed